1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The reasons for the court’s explanation on this part of the disposition are as stated in the judgment of the court of first instance, except where “the defendant” of the judgment of the court of first instance is deemed to be “the plaintiff,” and therefore, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Whether the instant disposition is lawful

A. The instant disposition against the Plaintiff who is engaged in the cargo transport business of the gist of the Plaintiff’s assertion is unlawful by abusing and abusing discretion due to excessively harsh treatment, such as making it difficult for the Plaintiff to maintain his livelihood.

(b) Entry in the attached statutes of the relevant statutes;

C. Determination 1) Article 91(1) and [Attachment 28] of the former Enforcement Rule of the Road Traffic Act (amended by Presidential Decree No. 10058, Feb. 1, 201; Presidential Decree No. 2010, Feb. 19, 201; Presidential Decree No. 2010, Feb. 201; Presidential Decree No. 2010, Feb. 1, 201; Presidential Decree No. 2010, Feb. 21, 201; Presidential Decree No. 2010, Feb. 21, 201; Presidential Decree No. 2010, Feb. 22, 2011; Presidential Decree No. 2010, Feb. 1, 2011; Presidential Decree No. 2010, Feb. 1, 2015).

The purport of the above provision is not only the perpetrator but also his family members, such as the driver who has become an important means to maintain his family's livelihood in the process of uniformly assessing the risk of the act according to the diversification of blood alcohol level in the determination of sanctions against drunk driving.